[HISTORY: Adopted by the Town Board of the Town of Wallkill 2-12-1998
by L.L. No. 3-1998. Amendments noted where applicable.]
The Town Board of the Town of Wallkill hereby declares its intent to
prevent unreasonably loud and disturbing noises as they are deemed to be detrimental
to the life, health and welfare of the people of the Town of Wallkill. By
this enactment the Town Board intends to promote the health, safety, morale
and welfare of the people of the Town of Wallkill and, in this regard, the
Town Board does hereby enact the following chapter. It is the intention of
the Town Board that this chapter be liberally construed so as to effectuate
the purposes described in this section.
A.
No person, with the intent to cause public inconvenience,
annoyance or alarm or recklessly creating a risk thereof, shall cause, suffer,
allow or permit to be made unreasonable noise. For purposes of this chapter,
unreasonable noise is any disturbing, excessive or offensive sound that disturbs
a reasonable person of normal sensitivities.
B.
The following acts are declared to be prima facie evidence
of a violation of of this chapter. This enumeration shall not be deemed exclusive.
(1)
Any unnecessary noise from any source between the hours
of 10:00 p.m. and 6:00 a.m. the following day.
(2)
Noise from a dog or other animal that is substantially
continuous for a period in excess of 15 minutes.
(3)
Noise from any sound reproduction system, operating or
playing any radio, tape player, television, tape deck or similar device that
reproduces or amplifies sound in such a manner as to be heard 60 feet from
its source or beyond any property line.
(4)
The erection, excavation, demolition, alteration or repair
of any building other than between 7:00 a.m. and 9:00 p.m., except in case
of a public safety and emergency.
(5)
The operation of power equipment outdoors between the
hours of 10:00 p.m. and 7:00 a.m. the following day, and on weekends between
10:00 p.m. and 8:00 a.m.
(6)
The sounding of any horn or signaling device of an automobile,
motorcycle or other vehicle for any unnecessary or unreasonable period of
time.
(7)
The making of improper noise or disturbance or operating
an automobile or motorcycle or motorbike or the operation of all-terrain vehicles
within 1,000 feet of any residence in such a manner as to cause excessive
noise.
(8)
Shouting or outcrying upon the public streets and sidewalks.
A.
The provisions of this chapter shall not apply to the
following acts:
(1)
The emission of sound for the purpose of alerting persons
to the existence of any emergency.
(2)
Noise from municipally sponsored celebrations or events.
(3)
Noise from individually sponsored events where a permit
for public assembly or other relevant permission has been obtained.
(4)
The operation or use of any organ, radio, bell, chimes
or other instrument, apparatus or device by any church, synagogue or school
licensed or chartered by the State of New York, provided that such operation
or use does not occur between the hours of 10:00 p.m. and 8:00 a.m.
(5)
Noise generated by the installation and maintenance of
utilities.
B.
This chapter shall not apply to a lawful assembly of
persons held on the Orange County Fairgrounds approved by the Town Board of
the Town of Wallkill.
Any person who violates any provision of this chapter shall be guilty
of a violation and shall be subject to a fine not to exceed $250 for each
offense. The town may also seek injunctive relief to prevent the continued
violation of this chapter.
